Explain how the High Court decision in Perre & Ors v Apand Pty Ltd (1999) differed in principle from the High Court decision in Caltex Oil (Australia) Pty Ltd v The Dredge “Willemstad” (1976). Caltex Oil (Australia) Pty Ltd v The Dredge “Wilemstad” (1976) and Perre & Ors v Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent
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LABOUR LAW LECTURER: MR MUPANI NAMES: TAFADZWA N MOYO M112877 TAFADZWA MUTIWANYUKA M BELIEVE G MBULAWA M TERENCE MATASHU M ABIGAIL MABVIRAKARE M CARLEEN KATURUZA M FRANCISCA ZVENYIKA M MARY SHIRICHENA M Labour law according to Gwisai (2006) refers to the system of rules that regulate the voluntary relationships arising from the workplace and whose enforcement is guaranteed by the state as law. According to the labour act Chap 28.01‚ labour law is referred
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of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care of other drivers’ safety. Anyway she breached her duty‚ drove her car
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EXAMPLES OF DUTIES (The following is used as a partial description and is not restrictive as to duties required.) Obtain history from patients infected with communicable disease (e.g.‚ HIV‚ gonorrhea‚ syphilis‚ chlamydia‚ hepatitis‚ enteric pathogens) through personal interviews to determine possible source of infection‚ recommend treatment and establish other contacts which a patient may have had. Conduct clinical evaluations‚ performing STD examinations‚ microscopy and blood draws‚ to
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Reference and Citation Examples Basic guidelines for formatting citations in the text 1. Place the complete citation within parentheses. 2. Use the words in the first part of the citation exactly as they appear in the References so that the source in the text can easily be located in the References. 3. Use the author‘s last name and year for the citation: (Smith‚ 2008). 4. Place the year in the citation‚ but do not include the month and day. 5. Use only the last name of the author‚ and never
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void contract under Nepalese contract act by illustrating the cases. According to Nepalese Contract act 2056‚” A contract is an agreement between two or more persons to do or not to do something‚ which can be enforceable by law.” The supreme court of Nepal has defined the contract as “an agreement of two or more parties with conditions.” The word void means not binding in law. A contract which cannot be forced by both of the contracting parties is called a void contract. If a contract which
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to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986)‚ the usual analysis is that an invitation to tender for a particular project is simply an invitation to treat. ’ However‚ in the case of Harvela Investments Ltd‚ the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender‚ constituting an offer‚ for several reasons; firstly
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frustration in contract law can be a difficult precedent to establish. Not to be confused with a contractual mistake‚ frustration occurs when performance is made impossible or is fundamentally changed. Generally‚ when frustration occurs the party suffering loss is established on whom ever provided services before the frustrating event‚ or to the party having already paid a deposit or owing money before frustration date. Self-induced frustration on the other hand is considered a breach of contract (Yates
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Frustrated Contracts Act 1978 As at 1 July 2010 Reprint history: Reprint No 1 25 June 1981 Reprint No 2 12 November 2002 Long Title An Act to amend the law relating to frustrated contracts. Part 1 – Preliminary 1 Name of Act This Act may be cited as the Frustrated Contracts Act 1978. 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1)‚ this Act shall commence on such day as may
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MALAYSIAN LAW OF CONTRACT Select a hire purchase contract and compare the contract with a normal contract. By AhmadRawi The writer can be contacted at scholars.assist@gmail.com By AhmadRawi The writer can be contacted at scholars.assist@gmail.com INTRODUCTION A contract is an agreement between two or more persons (individuals‚ businesses‚ organizations‚ or government agencies) to do‚ or to refrain from doing‚ a particular thing in exchange for something of value. Contracts can
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